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Wachira v National Transport and Safety Authority (Appeal E025 of 2022) [2022] KETLABT 832 (KLR) (Civ) (18 November 2022) (Judgment)
Neutral citation:
[2022] KETLABT 832 (KLR)
Republic of Kenya
Appeal E025 of 2022
Joseph Mcdonald, Chair, James Ngomeli, Waithira Muiruri & Maryan Hajir, Members
November 18, 2022
Between
Joseph Kimamo Wachira
Appellant
and
National Transport and Safety Authority
Respondent
Judgment
Introduction
1.The Appellant is a private citizen who had requested for the endorsement of class D2 by the Respondent Authority.
2.The Respondent, National Transport and Safety Authority (NTSA), is established under section 3 of the National Transport and Safety Authority Act, No. 33 of 2012 and has the responsibility to: advise and make recommendations to the Cabinet Secretary on matters relating to road transport and safety, implement policies relating road transport and safety; plan, manage and regulate the road transport system; ensure the provision of safe, reliable, and efficient road transport services and to administer the Traffic Act.
The Appellant’s Case
3.The Appellant appeared in court on 7th September 2022 and opined that he is a holder of a driving license since 2018.
4.The Appellant averred that he had complied with section 33 of the Traffic Act (Cap 403), which requires one to be over twenty-four years and have held a license for not less than four years.
5.The Appellant had obtained a driving license to enable him drive class BCE vehicles. To prove this point, the Appellant attached a driving license issued by the Respondent Authority on 20th July 2018. The Appellant has been driving under the said license for 4 years hence qualifies for an endorsement.
6.The Appellant argued that having met the requirements for PSV endorsement he should automatically get class A or its equivalent.
7.On cross-examination however it appeared that the Appellant had not attained the 4 years requirement for him to apply for class D2 endorsement. However, by the time of writing this judgment the appellant had achieved the 4 years.
The Respondent’s Case
8.During the hearing on the 6th July 2022, the Respondent opined that the appellant should go back for a ‘refresher’ course. On 25th October 2022, the Tribunal requested the Respondent to cite the law that allow drivers to go for further training in order for them to have Class D2 endorsement in the license.
9.The respondent Authority argued that the class D2 endorsement carries a lot of public expectations and for abundance of caution it would be important for the appellant to go back to driving school so that the Authority can be confident with the endorsement. The Authority argued that public safety is a great public interest.
10.The Respondent further stated that there have been changes in the law under the Traffic Rules 2018 with the new classification and hence the Appellant has not met the new requirements set out in the new Regulations.
11.The Respondent Authority argued that class D2 which the appellant wants has been sub-divided into D1, D2, and D3 which some of the categories the Appellant does not qualify for.
DeterminationHaving considered the facts, evidence adduced and the relevant law, the Transport Licensing Appeals Board hereby makes the following orders:1.That the Appellant has proved to the satisfaction of this Board that he is over 24 years and has been driving for over four years hence he is entitled to class D2 endorsement which will enable him drive class D2 vehicles.2.That the Appellant is entitled to the endorsement of class D2 in his licence and should use this order as proof of the entitlement.3.That NTSA should update the Appellant’s driving licence with class D2 endorsement within seven (7) days of this order.
DELIVERED, DATED, AND SIGNED IN NAKURU BY THE TRANSPORT LICENSING APPEALS BOARD ON THIS 18TH DAY OF NOVEMBER 2022.JOSEPH MCDONALD CHAIRMAN ........................... JAMES NGOMELI MEMBER .................................... WAITHIRA MUIRURI MEMBER ........................... MARYAN HAJIR MEMBER ..........................
